Kelly v. Roker et al

Filing 55

ORDER DIRECTING PARTIES TO MEET AND CONFER. Signed by Judge Jeffrey S. White on 3/14/12. (jjoS, COURT STAFF) (Filed on 3/14/2012)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

LISA SIMONE KELLY,

11
For the Northern District of California

United States District Court

10

12
13

Plaintiff,

No. C 11-05822 JSW

v.

ORDER DIRECTING PARTIES
TO MEET AND CONFER

WALLY ROKER, et al.,
Defendants.
/

14
15

On December 2, 2011, Plaintiff filed the complaint in this action, in which she asserts

16

four claims for relief: (1) Declaratory Judgment; (2) Fraudulent Transfer; (3) Misappropriation

17

and Conversion; and (4) Accounting. Each of Plaintiff’s claims are based on a Music and

18

Artifact Agreement (“MAA”) dated October 1, 2011, entered into between defendants Andrew

19

B. Stroud and Andy Stroud, Inc., and Wally Roker and ICU Ent Dist. Plaintiff asks that the

20

Court declare the MAA rescinded and seeks other relief precluding defendants from transferring

21

“Nina Simone Materials,” at issue in this case, some of which appears to overlap with claims

22

raised in the related case Brown v. Stroud, 08-CV-2348-JSW. In response to a motion to

23

dismiss his counterclaims in this action, Stroud claims that the MAA was rescinded effective

24

February 1, 2012.

25

The Court HEREBY ORDERS the parties to meet and confer in person or by

26

videoconference by no later than April 6, 2012, to determine whether they can resolve this

27

litigation without further court involvement.

28

1

By no later than April 9, 2012, the parties shall submit a joint report to the Court in

2

which they shall advise the Court whether or not they have been able to resolve the matter. If

3

the parties advise the Court that they have not been able to resolve the matter, the Court shall

4

issue a ruling on the motion to dismiss Stroud’s counterclaims.

5
6

IT IS SO ORDERED.
Dated: March 14, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2